Hunting Rights On Water???
 

I always thought that the land under the water was owned by the land owner but the land owner did not own fishing or hunting rights on the water unless you were on shore or standing in the water next to it.

Here’s the deal my neighbor and I were arguing about this, he told me that the land owner owns hunting rights on the water even though the lake is open to the public in the township. I don't believe this to be true as far as I know as long as I am 450 feet from an occupied building and in my boat, I don't see how he could do anything. I could not find a definite answer in the Michigan DNR guidelines.

Has anyone had this problem before? Does anyone know if the land owner owns hunting rights on the water (never setting foot on his property)?

Thanks
Tom

RE: Hunting Rights On Water???
 

My knowlege on the law, may be different then you, but if you can access the water through any public means (via a public right a way or public land) and you remain on the water (in a boat) or on an island in the waterbody you have all the hunting rights and the land owner can't do a thing. I have heard variations on this law about the original water level being huntable if you can access it through public means. I am not 100% sure on these laws. Best thing to do is call your Conservation Officer and have him clarify it.

RE: Hunting Rights On Water???
 

Be real careful.
Here in OHIO 90+ percent of the time you can drift in a boat on the water with out a anchor and hunt .
But if there are washed away dikes or dike remants that at one time defined the water area seperate from the open areas you can and will be ticketed for tresspassing.

In my area there is a hunt club that owens land around and in Mud creek bay area ,in Sandusky bay ,run by BIG MONEY .
Because there are parts of the old dikes (in most areas the water is 2-3' over the top) the water inside the diked in area is all private propety as if the dikes were above the water level and the area was just flooded.
Several freinds got tickets last year for tresspassing while duck hunting . There are signs every so far apart , in the dark they did not see them.
Told that ,they should have checked to make sure where they were.
As I said big money

If you drop anchor on a river , bay,ECT you may be tresspassing but if you drift you probely be ok

Johnch

RE: Hunting Rights On Water???
 

I know that the Islands are owned by the property owner and I have hered of people getting tickets while on the island but I am not sure about the anchor.

Thanks for the info so far.

RE: Hunting Rights On Water???
 

Your neighbor is correct. In Michigan the land owner has the hunting rights. It's refered to "BottomLand" by law. They own out to the middle of the lake even past the 450 feet rule right in front of their property. If it's a river it's half way across the river. It does not matter if you are in a boat or not. It only applies to hunting. If you are asked to leave you should do so right away and not return. I talked to a Michigan DNR lawyer this past fall on this very subject. It's crap, but it's the law.

RE: Hunting Rights On Water???
 

Man I am glad I live in Montana. Our access law says that on any navible waterway, stream, river or lake, anything from the highwater mark down is public land.

Nemont

RE: Hunting Rights On Water???
 

Sounds Like Every State is a little bit different. Would hate to mess it up and get a fine.

RE: Hunting Rights On Water???
 

Look up "Riparian Rights" it may help you understand

RE: Hunting Rights On Water???
 

You neighbor is definetely correct, he owns from his property out to the center of the lake.

RE: Hunting Rights On Water???
 

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That really bites,
In NY, Hunters are allowed on water even if its within 500' of an occupied building,
there is no landowner ownership of water,